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CHILDREN'S SERVICES SELECT COMMITTEE- 7 DECEMBER 2004 INFORMATION REQUIRED FOR SEN TASK GROUP HEAD OF SELECT
COMMITTEE AND BEST VALUE SUPPORT |
REASON FOR SELECT
COMMITTEE CONSIDERATION
To consider whether specialist advice should be sought on issues
relating to SEN to assist the SEN Task Group in its work.
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ACTION REQUIRED BY THE SELECT COMMITTEE
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BACKGROUND
Members will recall that it established a Task Group to look at certain
aspects of the Council’s SEN policies and procedures. The Task Group has nearly
completed its findings on the statementing process. One important element in this process was the role and
responsibilities of the Health Authority in providing information required as
part of the statementing process.
Following discussions with the Chairman of the Task Group, Mr P Joyce,
and the Chairman of the Select Committee there is a need to clarify some
issues.
These centre around the duty of the Local Authority to seek medical
advice from the Health Authority when making an assessment of special education
needs. The appropriate Regulations also provide for the Authority to seek any
other advice which it considers appropriate for the purpose of arriving at a
satisfactory assessment. The Local Authority has to integrate, and interpret,
the advice received in the statement, in terms sufficiently precise that it is
very clear what special provision is required.
In taking evidence from a number
of stakeholders the Task Group has identified difficulties encountered with
advice from the Health Authority which is not sufficiently precise. There can also be problems with receiving
advice within the time limits within which the Local Authority has to produce a
statement. A proposed statement must be issued within 18 weeks of the formal
start of the assessment process, with a Final statement within 26 weeks. Whilst
the Health Authority must normally respond within six weeks of the date of
receiving the LEA request for advice. However the Health Authority is not
obliged to respond within six weeks if it had no prior knowledge of the child
concerned. Any delay can therefore impact on the LEA’s duty to comply with the
statutory time limits. This has led to
the situation whereby the Chairman of the Task Group would like to obtain
specialist legal advice on the role and responsibility of the Health Authority
in the statementing process. In view of the likely expenditure, estimated
to be approximately between £660-£1,000 plus VAT, it was felt that the general
view of the Select Committee should be obtained.
Mr Joyce has prepared five questions that he would like to submit
to a specialist solicitor dealing with special education needs. These are
attached at Appendix 1 and he will expand on these as required at the meeting.
RELEVANT PLANS,
POLICIES, STRATEGIES AND PERFORMANCE INDICATORS
In the Ofsted Inspection of the LEA comment was made that “The LEA has
improved in meeting its statutory obligations since its previous inspection but
this area remains unsatisfactory.” Accordingly Recommendations 4a and 4b in the
Action Plan are aimed at improving performance.
FINANCIAL, LEGAL,
CRIME AND DISORDER IMPLICATIONS
The costs of receiving advice is estimated to be between £660-£1,000
plus VAT. This can be found within the Select Committee budget.
The Head of Legal and Democratic Services considers that in determining
whether or not to buy in additional specialist advice, Members will wish to
consider:
1.
whether there
is evidence of a significant problem with advice being received from the Health
Authority being inadequate.
2.
identifying in
which areas the law is so unclear, controversial or technical that in-house
advice is insufficient.
3.
whether any
additional advice would, when received, add weight to the recommendations
contemplated by the working group.
Advice from counsel/leading counsel is usually only taken when a new or
unusual, and potentially controversial, step is proposed - the legality of
which is likely to be challenged. The
taking of that advice can be seen as an insurance against challenge,
particularly from external auditors.
APPENDICES
ATTACHED
Appendix
1 – Five questions
BACKGROUND PAPERS USED IN THE PREPARATION OF THIS REPORT
None were used in the preparation of this report.
Contact Point :Paul Thistlewood, F 823285, e-mail paul.thistlewood@iow.gov.uk.
ALISTAIR DRAIN
Head Of Select
Committee And Best Value Support
APPENDIX 1
